SRI HIRANMOY DAS ,DURGAPUR vs. ACIT, CIRCLE - 1, DURGAPUR , DURGAPUR

- This assessee appeal for assessment year2013-14 arises against the Commissioner of Income Tax (Appeals)-Durgapur’s order dated 23.02.2018 passed in case No.178/CIT(A)/DGP/2016-17 upholding Assessing Officer’s action imposing proceedings u/s 271(1)(c) of the Income Tax Act, 1961; in short ‘the Act’. Heard both the parties. Case file perused.

The assessee’s sole substantive grievance pleaded in instant appeal challenges correctness of both the lower authorities action imposing u/s 271(1)(c) penalty in issue amounting to ₹6,00,942/- regarding sundry credits of ₹25,11,464/- treated as undisclosed income during the course of quantum proceedings. The Assessing Officer had admittedly framed his assessment on Sri Hiranmoy Das Vs. ACIT, Cir-1, DGP Page 2 15.03.2016 making the impugned addition he sought to know about the final outcome of the said quantum proceedings. We are informed that assessee’s quantum lower appellate appeal is still awaiting the CIT(A)-Durgapur’s final adjudication. We deem it appropriate in these facts and circumstances that larger interest of justice would be met in case the instant lis is restored back to the CIT(A) to be decided afresh as per law after his decision in quantum appeal. We order accordingly. The CIT(A) shall adjudicate the assessee’s lower instant penalty proceedings after his decision in appeal in above.